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Table that outlines all the cases needed for the module, includes case name, description, ratio, obiter and any legal rules the case links to$13.61
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Table that outlines all the cases needed for the module, includes case name, description, ratio, obiter and any legal rules the case links to
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Course
Contract Law
Institution
The University Of Kent (UKC)
The summary of the whole module includes key cases we had to learn about as well a description of the cases, the ratio any key obiter and any key rules in law the cases relate to
Case Name What was the case Decision Ratio Decendi Obiter Dicter What does this link to
about? (ruling on point of
law)
Heydon’s Case - - Mischief Rule- idea is in court
(1584) judges must interpret statute and
to do so created this rule in
which they think what gap in
common law is this legislation
trying to fill.
Fisher v Bell Fisher saw flick knife Fisher was not found Displaying in shop Links to literal rule- judges
with price tag on it in guilty (criminal case so window is not an applied it here that this is not
shop window of bell’s guilty) offer for sale it is an offering to sell is invitation to
music shop, fisher invitation to treat, treat
prosecuted bell and took letting people know Invitation to Treat - Also links
him to caught as this was he is open to to ideas of offer and invitation
against the law, against negotiate about item to treat
the offensive weapons
act Lord Parker said = impossible
to say exhibition of goods in
shop window is offer for sale
Rv. Sigsworth Son killed his mother He did not receive the - Links to the golden rule-
and she did not have a estate as he killed his applied to situation with two or
will so technically her mother, unfair to more judgements, which one is
estate would be left to benefit from this the last absurd, if he received
him situation property would not be just.
Purpose of the
legislation put in Mischief rule revisited
Court found them place was to stop
Smith v Hughes Prostitutes not allowed guilty (criminal case) badgering of men
to loiter on streets so because they applied and they were still
, instead they were mischief rule, looking badgering men
hanging out of window at what gap in
tapping on windows and common law is
doors of men, they were legislation trying to
taken to court . fill, was trying to stop
harassment of men and
they were still doing
this.
Brinkibon V Brinkibon was claimant Brinkinbon lost case as Lord Frazer Links to Obiter Dictor and
Stahag Stahl a british company and jurisdication belonged made
stahag stahl was to Austrian courts passing acceptance of instant comms.
defendant Austrian comment
comp. Had been some about
kind of negotiation and acceptance
B teletexed acceptance and he said
of offer from London, acceptance
contract was not happens
perfomed so B sued SS. when
received at
receivers
office- said
in passing
meaning not
legally
binding but
could be
used by
judges to
base decision
on in future ,
he has
picked up on
, previous
obiter as no
set ratio on
acceptance
of instant
comms
Edwards v Edwards was pilot at Decision was made Ratio in case was in -Intent to create legal relations
Skyways skyways and they were that Edwards was a commercial setting -Ratio decendeni
making pilots redundant, entitled to the ex-gratia there is an intent to
in order to make it easier payment as it had been create legal relations
they were offering an offered and Edwards unless there is
ex-gratia payment if they accepted rebuttable evidence.
left, Edwards took
redundancy and then
claimed amount, but sky
ways refused, receded
their statement.
Durkin v DSG Durkin bought laptop
Retail Ltd and from pc world paid £50
another deposit and took our
credit agreement with
bank, but he wanted
particular modem didn’t
have it so returned it
manager refused said
can’t return it and so he
sued pc world for £50,
they returned this
amount without going to
court, however HFC Relates to disadvantages of
bank refused to let him In the end durkin won court
out of credit agreement ony £8000, decision Time consuming
, and said he had to pay was made he did not Costly
even though he had need to pay the credit Unpredictable in sense
informed them no longer agreement amount don’t know how ruling
needed, he was because he had will go and could be
blacklisted and caused informed bank in overturned at one of the
issues so he sued them, timley manner that he other courts
In first court in Scotland no longer required it Stressful
he was awarded
£116,000 but bank However took 16 years and
appealed and coa almost £300,000 but Consumer
decision was overturned protection law was made more
they said even tho secure shouldn’t be bound to
contract of laptop fulfil requirements of credit
cancelled contract of agreement when has been
credit agreement was walked away from.
still in place. So he took
to supreme court where
he won but was only
award £8000 to
compensate for the
banks lack of duty of
care.
PGF II SA v PGF were OMFS Relates to ADR and actively
OMFS landlord and there was a However, court and constructively engaging
Company 1 dispute about breach of decided OMFS should with this ADR or suffer
Limited contract and claimant pay their own legal consequences
sued OMFS for bills as PGF had tried
1.9million OMFS ADR and had not had
offered to settle for reply.
£700,000 pgf offered
1.25 million and asked
for agreement to be
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